In May 2024, the Seattle Municipal Court determined the issue of expired blood vials was of citywide significance per Seattle Municipal Court Local Rule, SMCLR 8.2.4. An en banc panel comprised of SMC Judge Catherine McDowall, Judge Damon Shadid, and Judge Willie Gregory.
Hearings were held on September 9-10, 2024, and two decisions were rendered on October 3, 2024. The decisions are linked here. Pursuant to SMCLR 8.2.4, other judges of the court can adopt either opinion in cases appearing before them.
There are 27 defendants in consolidated cases. Defendants have been charged with Driving Under the Influence or Physical Control, and each defendant had moved to suppress the results of the blood test because the analysis performed by the Washington State Toxicology Laboratory occurred after the expiration date listed on the tube used to store the blood.
For more information, please visit https://www.seattle.gov/courts/for-attorneys/en-banc-rulings.